JUDGMENT :

A. Muhamed Mustaque, J.

The Union of India, the petitioner in this original petition, challenges an order of the Central Administrative Tribunal (for short “CAT”). The respondent approached CAT for a declaration that he is entitled to 2nd financial upgradation under the Assured Career Progression Scheme (for short “ACP Scheme”) in the pay scale of Bosun with effect from 18/6/2006 and to 3rd financial upgradation under the Modified Assured Career Progression Scheme (for short, the “MACP Scheme”) with effect from 18/6/2012. This has been allowed.

2. The respondent applicant entered service as a Cook in the office of the Deputy Director, Cochin, based on the Exploratory Fisheries Project, Kochi, on 18/6/1982. He was appointed as a Junior Deckhand on regular basis with effect from 7/9/1993. The respondent, thereafter, was promoted as Senior Deckhand. According to the applicant, on completion of 24 years of service, he was eligible for the 2nd financial upgradation with effect from 18/6/2006. The appellant was given only 2nd financial upgradation with effect from 27/10/2007 in the scale of Bosun (uncertified). The post of Bosun (uncertified) was created with effect from 27/10/2007. The applicant also had a case that he had completed 30 years of service on 17/6/2012 and that he is entitled for the 3rd financial upgradation under the MACP Scheme with effect from 18/06/2012.

3. The official respondent contended that the applicant was appointed as a Cook only on 18/06/1982 and was regularised with effect from 16/02/1983 and that the ad hoc service rendered between 18/06/1982 to 15/02/1983 cannot be reckoned for financial upgradation. The applicant was given the second financial upgradation under the ACP scheme in Bosun (uncertified) with effect from 27/10/2007, and the 3rd financial upgradation under the MACP Scheme on completion of 30 years, with effect from 16/2/2013.

4. There are two points to be considered; whether the applicant is entitled to the pay attached to Bosun (certified) and; whether, he is entitled to 3rd financial upgradation under the MACP Scheme with effect from 17/06/2012. As per the Recruitment Rules, the following qualifications are stipulated for the post of Bosun (certified):

(i) 12th standard pass or equivalent; and

(ii) Possession of a certificate of competency as Mate Fishery Vessel issued by Merchantile Marine Department(MMD)

5. There is no dispute that the applicant did not possess the necessary qualifications for the post of Bosun (certified). Annexure I to office memorandum dated 9/8/1999 [No 35034/1/97-Esst(D)], condition No.6 - conditions for grant of benefits under the ACP Scheme provides that the employee must fulfil normal promotional norms for performance of duties in the promotional post, for the grant of financial upgradation. Condition No 6 under the above-mentioned scheme reads as:

6. Fulfillment of normal promotion norms (bench-mark, departmental examination, seniority-cum-fitness in the case of Group ‘D’ employees, etc.) for grant of financial upgradations, performance of such duties as are entrusted to the employees together with retention of old designations, financial upgradations as personal to the incumbent for the stated purposes and restriction of the ACP Scheme for financial and certain other benefits (House Building Advance, allotment of Government accommodation, advances, etc) only without conferring any privileges related to higher status (e.g. invitation to ceremonial functions, deputation to higher posts, etc) shall be ensured for grant of benefits under the ACP Scheme;

6. Consequent upon the introduction of the ACP Scheme, clarifications have been sought by various Ministries/Departments about certain issues in connection with the implementation of the ACP Scheme. The Office Memorandum dated 10/2/2000 (F.No.35034/1/97-Estt (D)(Vol.IV)) issued by the Ministry of Personnel, P